Joseph H. Fisher & Co. v. Bar Spa Automatic Machine Co.

This is a special proceeding by a judgment creditor for an order directing the Meadow Brook National Bank, as garnishee, to pay over money on deposit to the credit of the judgment debtor. The application is resisted by a competing judgment creditor who asserts priority to the fund by reason of having served a restraining notice on the bank.

*822Subdivision (a) of 5202 CPLB provides that once the judgment creditor has delivered an execution to the Sheriff, his rights in a debt owed to the judgment debtor or in an interest of the judgment debtor in personal property against which debt or property…